Back to the Future/Martin Rosenfeld, JD

A conflict currently exists. The mediator has been chosen. Is there a way to fix the past? The answer to that is obviously in the negative. However, the existence of the conflict represents a challenge as well. What can the parties do to avoid a repeat of the past mistakes? There is always the possibility of seeing a silver lining in failures and problems. What can the past tell us about the future? What lessons can be gleaned? One of the reasons we study history is to learn how not to repeat the same mistakes. Using the lessons of the past to pave the way for a better future is a noble undertaking. If the parties in a dispute can be taught the wisdom of this approach, they will be actively involved in the task of “making lemonade from lemons”. Is that something we should be attempting to do? Ask any historian and they will likely agree with such an approach. Mediate don’t litigate.